Manuel Carlos Lopez, v. Director, Department of Motor Vehicles,

Judge Mary Strobel

Hearing: September 8, 2020

19STCP00670

Tentative Decision Petition for Writ of Mandate: GRANTED

Petitioner Manuel Carlos Lopez (“Petitioner”) seeks a writ of administrative mandate directing Respondent Department of Motor Vehicles (“Respondent” or “DMV”) to set aside an administrative decision that suspended Petitioner’s driving privilege based on his refusal to complete a chemical test.

Motion to Augment the Administrative Record

On or about March 20, 2020, Petitioner lodged an administrative record, paginated “AR0001-49.” Petitioner also lodged three additional documents: (1) August 21, 2018 Trombetta Hearing Transcript, paginated “TT01-15”; (2) Declaration of Daniel Webber re April 11, 2018 Transcript, paginated “WD1”; and (3) an Administrative Per Se Notice of Failure to File or Dismissal of Criminal Charges and District Attorney’s Statement, dated December 21, 2018, paginated “LBCP1.” These t